N.M. Admin. Code § 8.300.2.20 - MITIGATION

A. HCC workforce: To the extent practicable, the HCC shall mitigate any harmful effect that is known to the HCC from an improper use or disclosure of a recipient's PHI by an HCC employee by applying the requirements set forth in the HCA HIPAA privacy policies and procedures applicable to an HCC workforce disciplinary action and training 45CFR 164.530(f). See 8.300.2 23 and 8.300.2.24 NMAC.

B. Business associates: To the extent practicable, the HCC will mitigate any harmful effect that is known to it from an improper use or disclosure of a recipient's PHI by any of its business associates by including language in its contracts with business associates that may impose fines and penalties to the business associate, up to and including immediate termination of a business associate's relationship with the HCC 45CFR 164.530(f).

Notes

N.M. Admin. Code § 8.300.2.20

8.300.2.20 NMAC - N, 7-1-03, Adopted by New Mexico Register, Volume XXXV, Issue 12, June 25, 2024, eff. 7/1/2024